Terms of service
Accepting These Terms
In simple language: We need you to agree to our terms to provide you with content access and other services. We offer this service to almost anyone, but you must keep your passwords safe, make them complex, do not reuse passwords on multiple sites, and don’t let others use your credentials.
These Terms of Service govern your access to and use of our website and its content and associated Services, including any content, features, courses, downloadable files, blog posts and other articles, and all Services that arise from the use of our website(s) under the domain learnthebirds.com. This agreement is a part of the legal framework that governs the use of the “Learn–the-Birds” website and its content whether delivered via the website or via a streaming service that we may use.
(i) our websites falling under the learnthebirds.com domain, including the online shop and content areas whether paid or free;
(ii) our forums and any other collaboration tools used or implemented on the website;
(iii) our support services no matter how they are rendered;
(iv) our content no matter the source; and
(v) any other service or capability that we add to our offering.
“Content” means any online content developed or delivered through learnthebirds.com.
If you do not understand and/or agree to these terms, you should immediately exit the Services and cease making any use of the Services.
Accounts and Eligibility Terms
In simple language: You are responsible for what you, and others, do with your account.
Adults use our service. Don’t use our service if you are restricted from entering into any legal agreement. If you register on behalf of a minor (for example, a child for whom you with to provide access to our courses), then the registration is your responsibility, not the minor’s.
Your Account Is Your Responsibility
You are solely responsible for all actions performed in the Services with your credentials, including your username and password. Keeping your password safe is your sole responsibility. Make your passwords complex, and do not reuse passwords on multiple sites. If you have any reason to suspect that your account was compromised or that there was unauthorised access to your account, you must immediately notify us, and we may work together to fix the issue.
It is our policy to have one account for one person, and one person for one account. You cannot hold more than one account, and you cannot allow others to access your account. If you are a corporation (or using the account on behalf of a corporation), then you can allow access to your corporate account for no more than one authorized employee on your behalf.
You hereby represent and acknowledge that, unless you have otherwise explicitly notified us, anyone accessing your corporate account is acting on your behalf having all required authorisations and consents, and that you remain responsible and liable for any act or omission in connection with such use as if they were yours, including any loss or damage which such use, act or omission may cause.
Eligibility and Identification
When registering for the Services, we may authenticate your identity through different third-party services and may require additional identification. All paid services are intended for use by users of at least eighteen (18) years old due to contractual obligations. If you register for our services, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that any person under that age who has access to our services is under your legal guardianship.
In simple language: You have the right to open an account and you are not reopening an account that we closed.
You represent and warrant to us that:
You have, and will have at all times, all rights, licenses, and consents required for your use of the Services. You will comply with all applicable laws, rules, and regulations.
You were not previously prohibited by us from entering into an agreement with us nor was your account and/or use of the Services previously blocked, suspended or terminated by us for any reason.
We Own the Learn-the-Birds Website and Services
In simple language: We own the Learn-the-Birds Website and Services, including our online store, forums, and all content we provide you, with the exception of the content that we grant you the right to download for your own limited use.
Please be advised that apart from where we specifically granted you a right to do so, all Intellectual Property Rights relating to the Services and Content reside with us in full. This applies, without limitation, to any underlying data, technology, design, UI, any information, services, text, files, charts, graphs, photos, sounds, videos, graphics (including without limitation “look and feel”) and all other Intellectual Property Rights related thereto. Affiliate contributors retain the same rights in respect of any materials they contribute as part of delivering a course, webinar, or providing downloadable content as explained in the Affiliate Programme Policy.
For the purpose of these Terms, “Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
In simple language: You are an Content Creator if you offer content such as courses, webinars, etc via our website.
You own the copyright to any content you create and you may remove it, but we keep any content we have paid you for, or anything you have contributed as a news or blog item.
You will not use other people’s content without permission or an explicit license.
If you offer us any feedback, or contribute to any forum or related communication software, we may use said feedback, but you waive any intellectual property rights relating to it.
Affiliate Content Creators
A Content Creator is any person who creates content for use on a Learn-the-Birds website whether for free or for sale. This may include, but is not limited to, blog posts, news articles, website pages, webinars, courses, podcasts, and digital downloads.
Retention of intellectual property
Content Creators retain the intellectual property rights to any content that they provide on this site for any purpose. In the event that a Content Creator wishes to sever any relationship with Learn-the-Birds, they may remove any content that they have created except
any content that we have paid them to create;
any blog and news articles that they have contributed.
The Content Creator retains full copyright to any content they have contributed and we make no claims to any content not created directly by Learn-the-Birds staff or paid contributors.
Content Creator warranties
Content Creators represent and warrant to us that:
you have the right to use any material that you use in the content that you provide via our website and online courses;
in the event that a copyright claim is lodged with us or yourself, you will remove any contested material immediately;
if you use any licensed content, the terms of said license will be respected and adhered to.
Feedback and forum contribution
If you provide us with any feedback, relating to the Services or our website, such as usability issues, design suggestions, accuracy of content, or any other suggestion relating to the Services and Content, you acknowledge that (i) you own all right, title and interest in and to the feedback without any restriction; (ii) the feedback is not subject to any obligation of confidentiality; and (iii) we are entitled to unrestricted use of the feedback for any purpose whatsoever, without compensation or credit to you or any other person.
Acceptable Use Policy
In simple language: Be fair and reasonable. Use our website and Services for your own use, and don’t abuse the Services.
This is a list of “don’ts” it is not exhaustive, and we may also find that other non-bona-fide activities constitute as non-acceptable use.
Don’t allow others to use your account or license, by means of sale, license, lease assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.
Don’t copy or scrape our website, and don’t replicate its functionality. Meaning, don’t imitate our API calls to servers, don’t use an Iframe to reproduce our Services, don’t use a subdomain to redirect to our website.
Don’t use our website or Services where it is prohibited by law; meaning, don’t use our Services in any state that is sanctioned by the US Export office or under Israeli law.
Don’t use our website or Services to conduct any illegal activity, or transmit any transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content or files.
Don’t scrape our website without our permission, don’t use automated tools to submit queries or posts, and don’t mine personal information from our website.
Don’t make extensive API or web calls in a manner that interrupts our hosting company or web-server.
Don’t reverse engineer or decompile our website, or perform any activity that might reveal sensitive information.
Don’t try to guess usernames or passwords, or otherwise circumvent or attempt to penetrate or circumvent any technical restrictions or limitations in the Services or website.
Don’t resell our Services; meaning don’t offer others access to your product keys, or any other enabling methods, such as account credentials or activation codes. Don’t directly call files from our servers in your themes or products.
Don’t remove our legal notices or names from the Services.
In simple language: We are not responsible for your use of our website and Services, and it is made at your own risk.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
In simple language: The maximum damages you may receive from damages we caused is limited. Don’t sue us.
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY US.
YOU OWN ALL CONTENT YOU GENERATE THROUGH OUR WEBSITE AND SERVICES, AND IT IS AT YOUR SOLE RESPONSIBILITY. YOU SHALL ENSURE TO DISCLAIM ANY LIABILITY IN CONNECTION THEREWITH FROM US, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ITS NON-ADHERENCE TO ANY SYSTEM, LACK OF UPDATES, OR ANY OTHER CLAIM RELATING TO DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In simple language: If we get sued for something you did, it will be your responsibility to pay for it.
You agree to defend, indemnify and hold us and anyone on our behalf, including but not limited to, all of our owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’, and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any content you submit according to our Submission Policy; and/or (ii) any breach of these terms made by you.
n simple language: We might display ads, and if we do we’re not responsible for them.
The Services may display ads. Nonetheless, We do not endorse or monitor any of these ads or their content, nor are we responsible for the foregoing, even if it seems affiliated with us.
In simple language: All lawsuits are under South African law and in South Africa if any part of these terms is unenforceable, it does not affect other parts, we may transfer our rights and obligations under these terms, and you can’t file a class-action lawsuit against us.
Governing Law, Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of South Africa. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded.
Notwithstanding the foregoing, in the event of a breach or threatened breach of any provision of these Terms by you, we could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms and that the remedies at law available to us may otherwise be inadequate and we shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation, an injunctive relief, in any jurisdiction worldwide.
You hereby acknowledge and agree that We shall not be required to post a bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition.
If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.
We may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third-party without our prior written consent. Any unauthorized assignment will be void and of no force or effect.
These Terms are the entire agreement between you and us regarding the subject matter herein.
Our failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion;
Your failure to take any action against us over a term of one (1) year from any breach of these Terms shall be automatically deemed as a waiver.
YOU UNDERTAKE NOT TO ENGAGE IN ANY CLASS-ACTION AGAINST THE COMPANY AND SOLELY TO CLAIM YOUR LOSSES PERSONALLY.